Estate Documents: Notarizing Wills, Trusts, and Powers of Attorney

Estate documents — wills, trusts, advance directives, and powers of attorney — are some of the most important papers you will ever sign. Florida law has specific rules about how each one must be witnessed and notarized.

Wills

A Florida will must be signed by the testator in front of two witnesses, who must also sign in front of the testator and each other. To make the will 'self-proving' (meaning it can be admitted to probate without calling the witnesses to court), the testator and both witnesses sign a self-proof affidavit in front of a notary at the same sitting.

Trusts

Revocable living trusts and other trust amendments typically require notarization of the grantor's signature. If the trust will hold real estate, it must be notarized to be recorded.

Durable Power of Attorney

Under Florida Statute 709.2105, a durable power of attorney must be signed by the principal in the presence of two witnesses and acknowledged before a notary public. Skipping any part of that triple requirement can invalidate the entire document.

Living wills and health care surrogate designations

These advance directives generally require two witnesses but do not all require notarization. Still, many people notarize them for added security and to make them easier to honor across state lines.

Why hire a mobile notary for estate signings

Estate signings often happen at home, in the hospital, or at a care facility — and they often involve multiple people. A mobile notary can bring the appointment to the right place at the right time, and help make sure every witness and signature line is handled correctly.